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of May 29, 2014 No. 92

About heat energy and promotion of cogeneration

(as amended on 11-11-2021)

For the purpose of partial transposition of the Directive 2012/27/EU of the European Parliament and Council of October 25, 2012 about energy efficiency, about change of Directives 2009/125/EC and 2010/30/CE and the cancellation of Directives 2004/8/CE and 2006/32/EC published in the Official magazine of the European Union No. L315 of November 14, 2012

The parliament adopts this organic law.

Chapter I. Basic provisions

Article 1. Subject of the law

This law regulates specific activities of systems of centralized heat supply for the purpose of increase in energy efficiency in economy in general and decrease in negative impact of the energy sector on the environment, including by means of use of cogeneration technologies.

Article 2. Law purpose

(1) the Purpose of this law are creation of the legal base for effective activities and regulation of systems of centralized heat supply, promotion of cogeneration on the basis of demand for useful heat energy, and also establishment of the principles of implementation of specific activities of systems of centralized heat supply in the conditions of availability, availability, reliability, continuity, competitiveness, transparency, with observance of regulations of quality, safety and environmental protection in case of production, distribution, delivery and consumption of heat energy.

(2) Production of heat energy, distribution of heat energy and delivery of heat energy through system of centralized heat supply are public services of general interest.

Article 3. Scope of application

This law regulates:

1) the principles and tasks of state policy in the field of centralized heat supply, in particular concerning:

a) productions of heat energy;

b) distributions of heat energy;

c) deliveries of heat energy;

d) transparent allocation of costs in case of price fixation on heat energy;

e) guarantees of non-discriminatory access for users to thermal networks;

2) public administration in the field;

3) cogeneration and cogeneration technologies;

4) promotion of cogeneration and systems of centralized heat supply, effective from the energy point of view;

5) determination and approval of regulated rates for heat energy;

6) licensing of the types of activity performed in the heat power sector;

7) rights and obligations of heat power units;

8) safety and reliability of supply of consumers with heat energy;

9) consumer protection;

10) use of technologies of highly effective cogeneration.

Article 4. Tasks of this law

Tasks of this law are:

a) promotion of production of heat energy in the cogeneration mode;

b) safety of supply with fuel of systems of centralized heat supply and reliability of functioning of these systems;

c) ensuring steady supply of consumers with heat energy;

d) quality assurance, reliability and continuity of supply of consumers with heat energy for heating and preparation of hot water for economic needs;

e) ensuring availability of rates to consumers of heat energy;

f) consumer protection of heat energy;

g) promotion of systems of centralized heat supply;

h) ensuring transparency in case of establishment of rates for heat energy;

i) effective use of energy resources and decrease in its impact on the environment.

Article 5. Basic concepts

For the purpose of this law the following basic concepts are used in value:

the managing director of housing stock – the municipal companies for management of housing stock, the municipal companies of housing and communal services, housing cooperatives, associations of co-owners in condominium, Owners' Association of the privatized housing and other business entities, on balance or in management of which is housing stock;

the thermal agent or the heat carrier – the thermal flow used for accumulating and distribution of heat energy;

hot water for economic needs – the hot water used in the economic or sanitary and hygienic purposes;

combined heat and power plant – installation or set of installations for the combined production of electrical and heat energy; boiler room – installation or set of installations for production of heat energy;

economically justified demand – demand which does not exceed the necessary need for heating or chilling and which could be satisfied with different way in market conditions, by means of others, than cogeneration, energy production processes; cogeneration – simultaneous production in one process of heat and electrical and/or mechanical energy;

highly effective cogeneration – the cogeneration corresponding to the criteria established in the methodology provided in appendix 1;

the consumer – the physical person or legal entity consuming heat energy based on the agreement by connection of the installation for use of heat energy to thermal network of the distributor;

distribution – the activities for transfer of heat energy through thermal network from input Item in thermal network to differentiating Item between thermal network and installations for use of heat energy performed for the purpose of energy supply to consumers;

the measuring equipment – the device, installation or set of installations intended for measurement of amount of heat energy, including heat carrier parameters, legitimized and confided in accordance with the established procedure;

efficiency – the productivity of production process of energy calculated on the basis of the lowest calorific capability of fuel;

global efficiency – the annual amount of gross production of electrical, mechanical and useful heat energy divided into energy equivalent of the fuel used for production of heat energy and electrical and/or mechanical energy in the course of cogeneration;

the electrical energy made by cogeneration – the electrical energy made in the process connected with production of useful heat energy, and calculated according to the general principles provided in appendix 2;

heat energy – the energy containing in physical system which can be transferred to other physical system on the basis of difference of temperatures between the system giving energy and the system accepting energy;

useful heat energy – the heat energy made in the course of cogeneration for satisfaction of economically justified demand for heating or chilling;

the supplier – the business entity delivering heat energy to consumers. The supplier can be at the same time the producer and/or the distributor of heat energy; installation for use of heat energy – set of installations and intakes of the consumer by means of which heat energy is used;

the producer – any physical person or legal entity which makes heat energy on combined heat and power plants, stations on production of electrical and heat energy in the mode of highly effective cogeneration, in boiler rooms, including the boiler rooms making heat energy from renewable energy resources for the purpose of that sale;

differentiating Item – the place in which installation for use of heat energy is connected to thermal networks and in which the property of the consumer and property of heat power unit are differentiated by the property right, or the place in which the property of teploenergeticheky units is differentiated by the property right;

ratio between electrical and heat energy – the ratio between the electrical energy made by cogeneration, and the useful heat energy made only in the cogeneration mode determined with use of operational data of one specific unit;


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